SEETA DEVI AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/4177/2025 · 2025-04-24
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25822 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25822 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63669-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4177 of 2025 Petitioner :- Seeta Devi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Khare Counsel for Respondent :- Ankit Singh, Dileep Kumar,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Ankit Singh, learned counsel for the respondent nos. 4 to 7 and perused the records. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 18.12.2024 giving rise to Case Crime No. 43 of 2024, under Sections 190, 191(2), 191(3), 115(2), 333, 352, 351(3), 109 of B.N.S.S., Police Station Sahson, District Etawah on the basis of compromise made between the parties. 3. Learned counsel for the petitioners has submitted that the petitioners and respondents are family members and on account of some misunderstanding, the impugned first information report was lodged. 4. Learned counsel for the petitioners has next submitted that subsequently, with the intervention of respected members of both the families as well as the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other. 5. Learned counsel for the petitioners has next drawn the attention of the Court to the settlement agreement dated 28.03.2025 drawn between the parties, a copy of which has been annexed as Annexure CA-1 to the counter affidavit filed by opposite party nos. 4 to 7. 6. Pursuant to the said compromise this Court vide order dated 8.4.2025, had directed the parties to appear before the Mediation Centre of District Court, Etawah and to get the said settlement agreement verified. Pursuant to the order dated 8.4.2025, both the parties appeared before the Mediation Centre of District Court, Etawah on 18.4.2025 and with the help of the
mediators, the settlement agreement has been verified and a letter dated 19.4.2025 has been forwarded to this Court, which has been annexed to the writ petition, wherein, it has been stated that the said settlement agreement drawn between the parties, has been verified in the presence of all the parties and they have put their respective signatures on the said compromise. 7.
7. Learned counsel for the petitioners has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, the impugned first information report against the petitioners be quashed. 8. Learned counsel for respondent nos. 4 to 7 acknowledges the said compromise and has submitted that the said compromise has been made without any coercion or undue influence. 9. Learned counsel for the respondent nos. 4 to 7 has further submitted that in paragraph no. 7 of the said affidavit, respondent nos. 4 to 7 has stated that they have no objection, if the impugned first information report is quashed. 10. Learned AGA for the State could not dispute the aforesaid
facts.
11. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC, State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences.
12. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and Another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.
13. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
14. Accordingly, the impugned first information report dated 18.12.2024, giving rise to Case Crime No. 43 of 2024, under
Sections 190, 191(2), 191(3), 115(2), 333, 352, 351(3), 109 of B.N.S.S., Police Station Sahson, District Etawah as well as all consequential proceedings, if any, are hereby quashed.
15. The instant writ petition is, accordingly, allowed.
Order Date :- 25.4.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad